Simsbury Police Union Memorandum of Agreement

January 30, 2023

GRIEVANCE 22-01 (A. CRUZ)

MEMORANDUM OF AGREEMENT

WHEREAS, the Union filed a grievance on November 7, 2022 on behalf of Officer Alexander Cruz;

WHEREAS; Officer Cruz was assigned a Private/Extra Duty Assignment on October 24, 2022;

WHEREAS, Officer Cruz was reassigned from the scheduled private duty assignment to an unexpected patrol shift vacancy;

WHEREAS, the Town exhausted all resources short of ordering staff in to cover the vacant patrol shift that occurred due to an unexpected staff illness, and failure to fill the vacant shift would have violated the contractually required minimum staffing requirements for patrol;

WHEREAS, Article 14 (Extra or Special Police Duty) requires officers to receive a minimum of 4 hours of pay;

WHEREAS, Officer Cruz had worked one hour on the extra duty assignment before being rescheduled to a Patrol Assignment;

WHEREAS, the Union claimed in its grievance that Officer Cruz was entitled to an additional 3 hours of pay;

WHEREAS, due to ambiguity in contract language regarding reassignments from an extra duty assignment, and to resolve the matter amicably, the parties hereby agree to the following:

• The parties agree that the guidance issued by Lt. Chase on November 2, 2022 will be used moving forward in matters such as this. (Attached hereto at Tab A).
• The parties agree that had Lt. Chase's guidance existed, Officer Cruz would not have been entitled to any additional pay for his work on October 22, 2022.
• Due to the ambiguity in contract language that existed when the incident that brought rise to the grievance, the Town will pay Officer Cruz three (3) hours of pay at the rate of one and one half (1.5) times his base hourly rate of pay, subject to all applicable taxes and deductions. This payment will be made to the employee at the next practicable pay period.
• This MOA does not impact other aspects of the contract
• This MOA is being entered between the parties to resolve this grievance and shall not be used for any other purpose.

Town.

Maria E. Capriola, Town Manager

1/30/23